U.S. District Court District of New Jersey (Newark) CIVIL DOCKET FOR CASE #: 2:02-cv JAG-GDH

Transcription

1 US District Court Civil Docket as of 09/18/2006 Retrieved from the court on Wednesday, October 04, 2006 U.S. District Court District of New Jersey (Newark) CIVIL DOCKET FOR CASE #: 2:02-cv JAG-GDH BINDER, et al v. M.H. MEYERSON & CO,, et al Assigned to: Judge Joseph A. Greenaway, Jr. Referred to: Magistrate Judge G. Donald Haneke Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff HARRY BINDER on behalf of himself and all others similarly situated Date Filed: 06/06/2002 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by LAURENCE M. ROSEN THE ROSEN LAW FIRM, PA 236 TILLOU ROAD SOUTH ORANGE, NJ (973) V. Consol Plaintiff HEE SUN CHOUNG Hee Sun Choung, on behalf of himself and all others similarly situated represented by LAURENCE M. ROSEN ROBERT J. BERG BERNSTEIN LIEBHARD & LIFSHITZ, LLP 2050 CENTER AVENUE SUITE 200 FORT LEE, NJ (201) V. M.H. MEYERSON & CO., INC.

2 RIKER, DANZIG, SCHERER, HYLAND & PERRETTI HEADQUARTERS PLAZA ONE SPEEDWELL AVENUE MORRISTOWN, NJ (973) MARTIN MEYERSON KENNETH KOOCK ESTATE OF EUGENE WHITEHOUSE JEFFREY MEYERSON BERTRM SIEGEL MARTIN LEVENTHAL

3 ALFRED DUNCAN Date Filed # Docket Text 06/06/ COMPLAINT filed; jury demand FILING FEE $ RECEIPT # (dc) (Entered: 06/07/2002) 06/07/ NOTICE of Allocation and Assignment filed. ( NEWARK - Judge Joseph A. Greenaway, Jr. - Magistrate Judge G. Donald Haneke) (NM) (dc) (Entered: 06/07/2002) 06/07/2002 SUMMONS(ES) issued for M.H. MEYERSON & CO, MARTIN MEYERSON, KENNETH KOOCK, ESTATE OF EUGENE WHI, JEFFREY MEYERSON, BERTRM SIEGEL, MARTIN LEVENTHAL, ALFRED DUNCAN ( 20 Days) (Mailed to Counsel) (dc) (Entered: 06/07/2002) 08/12/ Notice of MOTION to consolidate cases Civ 02cv2724 and 02cv3632 and all related actions filed in USDC District of New Jersey, appointing Lead Plaintiffs, and approving selection of The Rosen Law Firm P.A. and Law Offices of Brian Barry as Co-Lead Counsel by HARRY BINDER and Movants Lawrence Lippert and Edward Rone Motion set for 9/9/02 on [3-1] motion. (Brief/PO Subm) (ar) Modified on 08/19/2002 (Entered: 08/19/2002) 08/12/ DECLARATION of LAURENCE M. ROSEN on behalf of plaintiff HARRY BINDER and Movants - Lawrence Lippert and Edward Rone Re: [3-1] motion to consolidate cases Civ 02cv2724 and 02cv3632 and all related actions filed in USDC District of New Jersey, appointing Lead Plaintiffs, and approving selection of The Rosen Law Firm P.A. and Law Offices of Brian Barry as Co-Lead Counsel (ar) (Entered: 08/19/2002) 08/12/ CERTIFICATE OF SERVICE by HARRY BINDER and Movants Lawrence Lippert and Edward Rone Service Re: [4-1] declaration, [3-1] motion to consolidate cases Civ 02cv2724 and 02cv3632 and all related actions filed in USDC District of New Jersey, appointing Lead Plaintiffs, and approving selection of The Rosen Law Firm P.A. and Law Offices of Brian Barry as Co-Lead Counsel (ar) (Entered: 08/19/2002) 09/24/ ORDER granting [3-1] motion to consolidate cases Civ 02cv2724 and 02cv3632 and all related actions filed in USDC District of New Jersey, appointing Lead Plaintiffs, and approving selection of The Rosen Law Firm P.A. and Law Offices of Brian Barry as Co-Lead Counsel ( signed by Judge Joseph A. Greenaway, Jr. )

4 (NM) (ar) (Entered: 09/26/2002) 09/26/2002 Consolidated Lead Case with Member Case (JAG) for all purposes. (ar) (Entered: 09/26/2002) 11/07/ FIRST AMENDED CONSOLIDATED COMPLAINT w/jury DEMAND by HARRY BINDER, HEE SUN CHOUNG, amending [1-1] complaint (ar) (Entered: 11/13/2002) 11/07/ CERTIFICATE OF SERVICE by HARRY BINDER, HEE SUN CHOUNG Service Re: [7-1] amended complaint (ar) (Entered: 11/13/2002) 11/15/ NOTICE & ORDER of WITHDRAWAL re co-lead plaintiff Harry Binder and colead counsel Brian Barry ( signed by Judge Joseph A. Greenaway, Jr. ) (NM) (ar) (Entered: 11/25/2002) 11/22/ NOTICE of attorney appearance for M.H. MEYERSON & CO, MARTIN by KENNETH M. VANDEVENTER (ar) (Entered: 12/03/2002) 11/22/ CERTIFICATE OF SERVICE by M.H. MEYERSON & CO, MARTIN Service Re: [10-1] appear/appearance notice (ar) (Entered: 12/03/2002) 12/03/ LETTER APPLICATION for Paul Ferrillo to appear pro hac vice by M.H. MEYERSON & CO, MARTIN MEYERSON, KENNETH KOOCK, ESTATE OF EUGENE WHI, JEFFREY MEYERSON, BERTRM SIEGEL, MARTIN LEVENTHAL, ALFRED DUNCAN [Proposed Consent Order subm] (ar) (Entered: 12/10/2002) 12/03/ CERTIFICATION of KENNETH M. VAN DEVENTER on behalf of M.H. MEYERSON & CO, MARTIN MEYERSON, KENNETH KOOCK, ESTATE OF EUGENE WHI, JEFFREY MEYERSON, BERTRM SIEGEL, MARTIN LEVENTHAL, ALFRED DUNCAN Re: [12-1] application for Paul Ferrillo to appear pro hac vice (ar) (Entered: 12/10/2002) 12/03/ AFFIDAVIT of PAUL FERRILLO on behalf of M.H. MEYERSON & CO, MARTIN MEYERSON, KENNETH KOOCK, ESTATE OF EUGENE WHI, JEFFREY MEYERSON, BERTRM SIEGEL, MARTIN LEVENTHAL, ALFRED DUNCAN Re: [12-1] application for Paul Ferrillo to appear pro hac vice (ar) (Entered: 12/10/2002) 12/03/ CERTIFICATE OF SERVICE by M.H. MEYERSON & CO, MARTIN Service Re: [14-1] affidavit, [13-1] certification, [12-1] application for Paul Ferrillo to appear pro hac vice (ar) (Entered: 12/10/2002) 12/17/ ORDER GRANTING defts' appl to admit Paul Ferrillo pro hac vice.( signed by Mag. Judge G. D. Haneke ) (NM) (ar) (Entered: 12/19/2002) 12/20/ AFFIDAVIT of KENNETH M. VAN DEVENTER on behalf of M.H.

5 MEYERSON & CO, MARTIN MEYERSON, KENNETH KOOCK, ESTATE OF EUGENE WHI, JEFFREY MEYERSON, BERTRM SIEGEL, MARTIN LEVENTHAL, ALFRED DUNCAN Re: in support of defts' motion to dismiss etc. [Memo of Law and Appendix of Unreported Cases Subm] (ar) (Entered: 12/30/2002) 12/20/ CERTIFICATE OF SERVICE by M.H. MEYERSON & CO, MARTIN Service Re: [17-1] affidavit of Van Deventer; Memo of Law and Appendix of Unreported Cases (ar) (Entered: 12/30/2002) 12/23/ ORDER, set scheduling conference for 3:00 1/27/03 ( signed by Mag. Judge G. D. Haneke ) (NM) (ar) (Entered: 01/02/2003) 02/03/ STIPULATION and ORDER ext defts time to file reply to plas' opp to defts' motion to dismiss etc. ( signed by Judge Joseph A. Greenaway, Jr. ) (NM) (ar) (Entered: 02/05/2003) 02/27/ Notice of Intent to submit a Dispositive motion dismissing by M.H. MEYERSON & CO, etc. (ar) (Entered: 03/04/2003) 02/27/ Notice of MOTION to dismiss by M.H. MEYERSON & CO, MARTIN MEYERSON, BERTRM SIEGEL, MARTIN LEVENTHAL, ALFRED DUNCAN, Motion set for 3/24/03 on [21-1] dispositive motion notice dismissing w/cert svc. (Briefs: Support, Opp Reply/PO Subm) (ar) (Entered: 03/04/2003) 02/27/ AFFIDAVIT of KENNETH M. VAN DEVENTER on behalf of M.H. MEYERSON & CO, MARTIN MEYERSON, KENNETH KOOCK, ESTATE OF EUGENE WHI, JEFFREY MEYERSON, BERTRM SIEGEL, MARTIN LEVENTHAL, ALFRED DUNCAN Re: [22-1] dispositive motion to dismiss (ar) (Entered: 03/04/2003) 02/27/ CERTIFICATE OF SERVICE by M.H. MEYERSON & CO, MARTIN Service Re: [23-1] affidavit, [22-1] dispositive motion to dismiss (ar) (Entered: 03/04/2003) 02/27/ Declaration of LAURENCE ROSEN IN RESPONSE by HARRY BINDER in opposition to [22-1] dispositive motion to dismiss [Opp Brief Subm] (ar) (Entered: 03/04/2003) 02/27/ CERTIFICATE OF SERVICE by HARRY BINDER Service Re: [25-1] Declaration of Laurence Rosen opposition response (ar) (Entered: 03/04/2003) 02/27/ CERTIFICATE OF SERVICE by HARRY BINDER Service Re: OPP MEMO OF LAW (ar) (Entered: 03/04/2003) 09/25/ Minute entry: Proceedings recorded by Ct-Reporter: Tom Brazaitis; Minutes of: 9/25/03; The following actions were taken, granting [22-1] dispositive motion to dismiss, granting dispositive motion notice dismissing; ordered atty JOSEPH ALLERHAND to appear pro hac vice by dfts. By Judge Joseph A. Greenaway, Jr.

6 (DS) (Entered: 10/01/2003) 09/25/ ORDER, for JOSEPH S. ALLERHAND, ESQ., to appear pro hac vice by dfts. ( signed by Judge Joseph A. Greenaway, Jr. ) (NM) (DS) (Entered: 10/01/2003) 09/29/ ORDER granting [22-1] dispositive motion to dismiss complt. against all defts. M.H. Meyerson & Co., INc., Martin Meyerson, Kenneth Koock, Estate of Eugene Whitehouse, Jeffrey Meyerson, Bertram Siegel, Martin Leventhal & Alfred Duncan, & granting pltfs. 30 dys for leave to file Second Amended Class Action Complaint ( signed by Judge Joseph A. Greenaway, Jr. ) (NM) (mn) (Entered: 09/30/2003) 10/29/ SECOND AMENDED COMPLAINT by HARRY BINDER, HEE SUN CHOUNG, amending [7-1] amended complaint w/jury demand. (DS) (Entered: 10/30/2003) 10/29/ CERTIFICATE OF SERVICE by HARRY BINDER, HEE SUN CHOUNG of [31-1] amended complaint (DS) (Entered: 10/30/2003) 11/21/ STIPULATION and ORDER, setting answer due for 12/8/03 for all dfts to respond to Second Amended Consolidated Complaint. ( signed by Judge Joseph A. Greenaway, Jr. ) (NM) (DS) (Entered: 12/03/2003) 02/04/ Notice of MOTION to Dismiss the second amended consolidated class action complaint w/prejudice by dfts MARTIN LEVENTHAL, M.H. MEYERSON & CO., INC., JEFFREY MEYERSON, MARTIN MEYERSON w/certsvc. (Attachments: # 1 Dft's Memorandum of Law# 2 Appendix of unreported cases# 3 Lead plt's Memorandum in opposition# 4 Part 2 of Memorandum# 5 Dft's Reply Memorandum# 6 Reply Aff of Kenneth M. Van Deventer# 7 Reply Appendix# 8 Part 2 of Reply Appendix# 9 Aff of Kenneth M. Van Deventer# 10 p/o)(ak, ) (Entered: 02/23/2004) 02/04/2004 Set Deadlines as to 34 MOTION to Dismiss. Motion Hearing set for 3/8/2004. (ak, ) (Entered: 02/23/2004) 04/02/ Notice of MOTION for Judicial Notice of Facts by HARRY BINDER, eta.. (Attachments: # 1 continuation of brief# 2 continuation of brief# 3 continuation of brief# 4 continuation of brief# 5 continuation of brief# 6 continuation of brief# 7 continuation of brief# 8 proposed order)(jd, ) (Entered: 04/05/2004) 04/02/ MOTION for Leave to File a Third Amended Consolidated Complaint w/cert of service and p/o attached by HARRY BINDER, etal. (Attachments: # 1 brief# 2 proposed third amended consolidated complaint# 3 exhibit A# 4 exhibit B# 5 exhibit C# 6 exhibits D-E-F)(jd, ) (Entered: 04/05/2004) 04/02/2004 Set Deadlines as to 35 MOTION for Judicial Notice of Facts, 36 MOTION for Leave to File Third Amended Complaint. Motion Hearing set for 4/26/ :00 AM before Judge Joseph A. Greenaway, Jr.. (jd, ) (Entered: 04/05/2004) 04/30/ STIPULATION of extension by KENNETH KOOCK, MARTIN LEVENTHAL, M.H. MEYERSON & CO., INC., JEFFREY MEYERSON. (Attachments: # 1 brief in opposition to pltf's motion for leave to file an amended pleading# 2 appendix of unreported cases in support of defts' opposition to pltf's motion# 3 cert of service)(jd, ) (Entered: 05/03/2004)

7 05/06/ STIPULATION AND ORDER extending time for defts' to file opposition papers to pltfs' motion for leave to file a third amended complaint is extended to 4/30/04and pltfs' to file reply papers to defts' opposition to 5/14/04. Signed by Judge Joseph A. Greenaway, Jr. on 5/5/04. (bl, ) (Entered: 05/06/2004) 05/14/ BRIEF in Support re 36 MOTION for Leave to File filed by lead pltfs HARRY BINDER, et al. (Attachments: # 1 cert. of service)(sr, ) (Entered: 05/18/2004) 05/24/ ORDER granting 35 Motion for Judicial Notice of Facts; etc.. Signed by Judge Joseph A. Greenaway, Jr. on 5/24/04. (sr, ) (Entered: 05/25/2004) 06/04/ ORDER granting 36 Motion for Leave to File an amended pleading, It is further ordered that defendant shall have 20 days from the date of this Order to, if they so choose. etc.. Signed by Judge Joseph A. Greenaway, Jr. on 06/04/04. (JB, ) (Entered: 06/04/2004) 06/07/ Letter to Judge Greenaway from Kenneth M. Van Deventer on behalf of defts, received 2/23/04 re: defts' pending motion to dismiss the second amended complaint. (jd, ) (Entered: 06/07/2004) 06/07/ Letter to Judge Greenaway from Laurence Rosen on behalf of pltf, received 3/2/04, in response to letter brief dated 2/20/04 submitted by defense counsel Kenneth Van Deventer. (jd, ) (Entered: 06/07/2004) 06/09/ PROPOSED DOCUMENT by KENNETH KOOCK, MARTIN LEVENTHAL, M.H. MEYERSON & CO., INC., JEFFREY MEYERSON, MARTIN MEYERSON. (Attachments: # 1 Letter of Request from Kenneth M. Van Deventer, Esq.)(JARMICKI, LISA) (Entered: 06/09/2004) 06/23/ Letter from Kenneth M. Van Deventer withdrawing pending motion to dismiss without prejudice. (JARMICKI, LISA) (Entered: 06/23/2004) 07/01/2004 CLERKS OFFICE QUALITY CONTROL MESSAGE - The Letter document number 45 submitted by (L. JARMICKI on 6/232/04 did not contain a proper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC OR SCANNED SIGNATURE BY 7/7/04. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (cs) (Entered: 07/01/2004) 07/16/ SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS THE THIRD AMENDED CONSOLIDATED COMPLAINT filed by KENNETH KOOCK, MARTIN LEVENTHAL, M.H. MEYERSON & CO., INC., JEFFREY MEYERSON, MARTIN MEYERSON, w/appendix of Unreported Decisions placed in the Clerk's Office file. (Attachments: # 1 Aff. of Lisa M. Jarmicki# 2 Letter# 3 Certsvc.)(dc, ) (Entered: 07/29/2004) 12/01/ MOTION for preliminary Approval of Settlement on behalf of lead pltfs and the class. (Attachments: # 1 Stipulation of Settlement# 2 p/o preliminarily approving settlement & providing for notice (Exhibit A)# 3 Notice of pendency & proposed settlement of class action (exhibit A-1)# 4 proof of claim & release (exhibit A-2)# 5 proposed final judgment and order of dismissal (exhibit B)# 6 summary notice for

8 publication (exhibit A-3))(sr, ) (Entered: 12/02/2004) 12/02/2004 Set Deadline as to 47 MOTION for Settlement. Motion Hearing set for 1/10/2005 before Judge Joseph A. Greenaway, Jr. (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (sr, ) (Entered: 12/02/2004) 01/03/ Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Motion Hearing held on 1/3/2005 re 47 MOTION for Settlement. ORDERED motion granted. (Court Reporter Tom Brazaitis.) (ps, ) (Entered: 01/04/2005) 01/04/ ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE; Setting Settlement Conference Hearing for 4/4/ :00 AM before Judge Joseph A. Greenaway, Jr. to determine whether the proposed settlement of the Litigation on the terms and conditions provided for in the Stipulation is fair, just, reasonable and adequate to the Settlement Class and should be approved by the Court etc.. Signed by Judge Joseph A. Greenaway, Jr. on 1/3/05. (cs, ) (Entered: 01/04/2005) 03/28/ MOTION for final approval of Settlement, etc. by HARRY BINDER. (Attachments: # 1 brief# 2 declaration of Laurence Rosen# 3 continuation of declaration# 4 continuation of declaration# 5 proposed order)(jd, ) (Entered: 03/29/2005) 03/28/2005 Set Deadlines as to 50 MOTION for Settlement. Motion Hearing set for 4/25/2005 before Judge Joseph A. Greenaway, Jr.. (Please be advised that this motion will be decided on the papers unless otherwise notified by the court) (jd, ) (Entered: 03/29/2005) 04/04/ Minute Entry for proceedings held before Judge Joseph A. Greenaway, Jr. : Motion Hearing held on 4/4/2005 re 50 MOTION for final approval of the Settlement and counsel fees, filed by HARRY BINDER. ORDERED motions granted.(court Reporter Tom Brazaitis.) (ps, ) (Entered: 04/04/2005) 04/06/ FINAL JUDGMENT/ORDER granting 47 and 50 Motion for Settlement; Awarding counsel for pltfs and the other members of the Class 331/3% of the Gross Settlement Fund as and for attys' fees for $16, and dismissing action etc.. Signed by Judge Joseph A. Greenaway, Jr. on 4/4/05. (cs, ) (Entered: 04/06/2005) 04/06/2005 ***Civil Case Terminated. (cs, ) (Entered: 04/06/2005) 06/29/ MOTION for Disbursement of Funds to class members by HEE SUN CHOUNG. (Attachments: # 1 Declaration Decl. of L. Rosen# 2 Affidavit Aff. of F. Garzon# 3 Text of Proposed Order Proposed Order# 4 Certificate of Service Cert of Service)(ROSEN, LAURENCE) (Entered: 06/29/2006) 06/30/2006 Set Deadlines as to 53 MOTION for Disbursement of Funds to class members. Motion Hearing set for 9/11/2006 before Judge Joseph A. Greenaway, Jr.. [PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT] (DD, ) (Entered: 06/30/2006) 09/15/ Letter from Joseph E. Kistler, Claimant re: distribution of funds. (DD, ) (Entered: 09/15/2006)

9 09/18/ ORDER granting 53 Motion for Disbursement of Funds. Signed by Judge Joseph A. Greenaway, Jr. on 9/15/06. (DD, ) (Entered: 09/18/2006) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at